The Sun. — London, England, 1818-12-04 00:00:00

LAW INTELLIGENCE. COVRT, TN .THE MATTP i (11.' WALCOTT'S CHARIT' FIABT this to be a petition presented 1 y •he Rev. Dr Wordsworth, Rector of bambeth, pod by the two Church-wardens of that Parish, yraying - that the Court would refer it to the Mas ter to advertise in the London G4zette and the IN'ewsnapers, for the legal heir to this estate, and is case no such heir_ should be found, that the rkintiffs might he at liberty to apply to Parlia ment for an act on that subject, and that in the meantime, a receiver might be appointed.for col -I(•cting, the rents of the charity property. Whet.. Ro application of a similar nature was before the Court on a former occasion, the Attorney-Ge neral resisted the application, awl it was refused by the Court, but the Master had since reported, at the Law Officers of the Crown had sinCe given ,u any claims which the Crown might have been supposed to have had on the property. He did not see how the motion for a receiver could be resisted, for surely it was proper that the rents should be secure in the meantime, till sonic fur ther measures were taken. The Master had not reported how the present tenants came into nos session,because he though/ himself prevented from so -cluing by the want of the legal heir. Mr. ROUPELL, on the same side, remarked that the subject was, beyond all doubt, a very im portant one, in consequence of the great value of the property. The' testator bequeathed his estates, one part to Lambeth parish and the other to St. Olave's, in the Borough ; but St. Olave's . ~ parish having got an Act of Parliament on the subject, all matters were amicably conducted A there. 'the property was left in 1667 to tho pa rish of Lambeth, and the Rector and Church wardens had granted leases, on which buildings evere erected, and they bad further entered into cEititt acts for granting new leases at very advanced y , nts, when it was found out the devisee had not given them a legal title to the estate. The (ies - tion therefore came before the Court, whose duty it was to provide who was the legal heir. The Master, in his report, suggested that it would be proper to advertise for the legal heir ; and in the event of his not being found, the Act of Parlia ment would at once declare the property vested in the Rector arid Church-wardens, ,for the good of the charity. The tenants refused to pay the rents to the plaintiffs, till a legal title was made to the estates ; and therefore a receiver ought to be appointed, as the pldintiffs could not distrait) for the rents. di t Mr. WETHERALL, on behalf of setae.l pa rishioners, contended that the pres'ent i.:' - was, by Sir Samuel Romilly's Act, put beyon 'the ju risdiction of the Court, as that Act bad provided a summary relief by petition to the Court, only in cases of breach of trust, but no other. The MASTER of the ROLLS sail, this objection ought to have been made in the first instance, and MA after so much litigation had taken place. Mr. \VETE! ER ALL said, his clients bad originally no idea that the case would have gone so far as it bad since done. By the order of the Court the parishioners were to have due notice of any appli cation to the Court, and this was the cause of their being parties. In the case of Skinnier and the Lawford Charity, Lord Eldon held, after some consultation with the Vice-Chancellor and the Master of the Rolls, that Sir Samuel Ro nrilly's Act gave the Court jurisdiction only in cases where there was a ditect and gross breath of trust. Tire very Act itself, in its preamble and recital, expressly declared this to be the case, . and it provided then, tha't to save expence ap plication for - a summary remedy could he made by petition to the Chancellor. In this case there was no breach of trust, and were it to he consi dered as included under Sir Samuel's Act, then on tire same principle might petitions be filed, and trot bills for the performance of special con , tracts, or in any other case whatever that came before the Court. The well-known case of the Corporation of Bristol was analogous to this, as Ire conceived, and he felt convinced, that if in this case, the receiver was appointed, as he trusted would trot be the case, it %void(' be giving • an infinite latitude to Sir Samuel Romillv's Act, which that great lawyer himself bad not even the slightest idea of. Mr. WINGFIELD, on the same side, argued at considerable length, that the proper course would have been not to file a petition, but an informa tion, according to the usual practice. It was 'utterly impossible the tenants could attorn, for no pet son had the legal estate. The Rector and Church-wardens could not receive the rent in a corporate capacity, they not being a corporate body. The case of the Lawford Charity was precisely in point, as there one trustee had contracted to grant a lease to a ptrson who afterwards became a party, and afterwards applied to have that set aside, but the Court declared they bad no juris diction to. do so. Mr. BELL appeared for the tenants, and con tended that the appointment of a receiver. would be, a very great hardship on them, as they must either attorn to him, or stand in danger of being _committed for contempt of Court, They refused to pay till they saw the legal title vested properly somewhere. Mr. lIART replied. • The MASTER of the itou.s said, the great diffi culty he felt was the taking proper care not to go too far. To a certain extent the Court had juris diction, and this case, he thought, had been very properly brought before the Court. The objection to the Court having no jurisdiction, certainly came with a very bad grace front the parishioners, who themselves had originally come to the Court, praying the Court to interfere. 1-le thought, on the whole, that the best way would he to refer the case to the Master, to inquire under what cir cumstances the tenants had come into possession, and to advertise in the usual manner for the legal heir. That inquiry could not possibly take up much time, and WI it was made, be did not think Limselfjtistifted in at once appointing a receiver. Mr. HART—Men, sir, I insist that the names of the teo3nts for whom Mr. Bell appears may be p!ared ill the order to the Master. The, MASTER of the itot..Ls—l. can see no ob jection to that. LORD CHANCELLOR, Yesterday notice was Officially sent down by the Lord Chancellor, from ►is house in Bedford square, intimating; that his.. Lordship continued so unwell as to be totally unable to come to the Court on Saturday, which is the first Seal after Michaelmas Term ; but to prevent any disap pointment he would hold a private Seal in his own house. This notice was given to the King's Counsel, and afterwards fixed up in Court. COURT OF KING'S BENCH, Dsc. 3. (Sittings bcf6re ,'Jr. Justice BAYLEV,) ACTION FOR A MALICIOUS PROSECUTION. lIUTCHINON V. BRUCE. The defendant and his wile had in May last lodged in the plaintiff's house, and had left it in cousepience of some differences tliAt existed be tween them. - In June, the defendant laid an in formation at Bow-street, that the plaintiff had desigu9 against his life, and meant to do for him, wittreupori the plaintiff brought this action. The substance of the information not having been clearly expressed in the declaration, the Irlaintiff was nonsuited, the Judge observing, that it was a most groundless and ill-advised action, the charge not having affected the plaintiff's cha racter, or put him to any expense. INDICTMENT FOR AN ASSAULT. THE KIVG V. ROBERTS. The prosecutor, Henry Harris, stated, that the defendant overtook lam in the Strand on the 2-Ith of May last, pushed him on the shoulder, and used a great deal of tool language ; and then gave him several violent blows on the breast with his fist. Witness could not say much for himself at first, he was so frightened, but monsWerated with the rkfendatit V.'heti they came to Southampton-street. Witness had done nothing to provoke defendant. On cross-examination, he said, the defendant might have heat hint a minute ; be admitted he had threatened to knock down defendant, if be could. lie was an uncertificated bankrupt, and had paid sixpence in the pnund ; the defendant was a creditor to the amount of 3001. A second witness also proved, the assault. The Jury found the defendant guilty. Mr. Justice BAILEY then intimated to ►he pro secutor, that the case had better end there. CASH NIAN V. GOLDNBY AND DUUMMOND. This was an action to recover the sum of 4001. for work and labour done and performed' by the plaintiff, as an accountant, at the instance of the defendants, who were Members of a Committee appointed to investigate the affairs of the British Dock Company, the plaintiff claiming to be paid, as per agreement, at the rate of 101. per month, for eighty months. 'The defendants pleaded in abatement, that another person, who had been nominated a Member of the above-mentioned Committee, should have been joined in the action ; and, secondly, that the plaintiff had subsequently agreed to take a reduced scale of demand in satis faction of Ids services. The first of these grounds of defence was answered by she wing that the Member of the Committee so nominated had de clined to act ; and the second, by sheaving, that the subsequent agreement. was made by the plain tiff upon the condition of prompt payment, which had not been performed. Verdict for the plaintiff—Damages 4001. OLD BAILEY. Yesterduy Thomas Pearks was indicted c3pit ally far breaking and entering the dwelling-house of D. Page, and stealing therein two silver spoons, his property. It appeared that the prisoner had entered the prosecutor's kitchen window, and stole the spoons, which had beet; placed in the kitchen window— they were found upon his person.—The Jury found the prisoner Guilty—Death. • Richard Parsons stood indicted for a burglary in the dwelling-house of P. Needham, and stealing therein some silver forks, his property. The prosecutor is a silversmith residing at Chelsea. He found that a pane had been broken, and the forks were gone. A shoemaker who lived opposite heard the crash, and saw the prisoner run from the window with something white in his hand ; he pursued him, and caught hold of him by his coat ; the prisoner fell, and the shoemaker fell a top of him, and under him were the forks found. The Jury found the prisoner Guilty—Death. George Wood and John Corderoy were indicted for a burglary in the dwelling-house of Thomas Thorley, and stealing therein a quantity of•plate, pictures, and a great vare - ty of valuable articles, his property. • e prosecutor lived in the parish of St. Leo nard, Shoreditch, and his house was broken open and robbed in the night time. He immediately had bills printed, and circulated amongst diffe rent pawnbrokers, and off the following day Cor deroy offered to pawn one of the pictures for four or five shillings.' The pawnbroker took up the bill and began to read it, upon seeing which Cor deroy ran away, but was pursued and brought back by two of the pawnbroker's men, and in the lining of his breeches were (mind other duplicates which applied to property stolen from Mr. Thor ley's house. Guilty--Death. Yesterday evening, at eleven o'clock, 25 male convicts were removed from Newgate to the Hulks at Sheerness, who were convicted at the last Old Bailey Sessions, preparatory to their being sent to Botany Bay. A shock ing ' accident occurred yesterday morn ing, opposite Furnival's Inn, Holborn. A poor woman of the name of 'Chapman, crossing the road with her child, a boy about three months old, was knocked down by the pole .of a hackney coach, which was passing at a brisk rate ; she dropped the child, and the coach passing over it, killed it on the spot. The mother escaped with a few slight bruises. POLICE INTELLIGENCE: CONSPIRACY TO OBTAIN PENALTIES. MANSION-tiousE.—John Inman, the guard of one of the Colchester coaches, attended upon an information filed against him for having in his possession certain contraband goods, not allowed to he imported into this country. He pleaded guilty to the information, and said that the goods came into his possession under the following cir cumstances : A fellow-servant of his, the coachman between Ipswich and Colchester, one day last week de sired him to take charge of a parcel for a friend of his in London, and on his arrival there to see it safely delivered. On reaching the Spread Eagle, Gracechnrch-street, he gave it to a ticket -porter, with orders to carry it, as directed, to Mr. Lee, 7. Belvidere-place, Dog row, Bethnal.green. The porter obeyed his orders, but as Mr. Lee, after opening the parcel, refused to keep it, brought it back to Inman, from whom he received it ; Inman in consequence car ried it to his own house, and immediately after wards went to bed: He had not been there long, before be was knocked tip by two Custom-house officers, John and Joseph Smithers, who claimed admission into his premises, for the purpose of searching after some Bandana handkerchiefs, which they said were in his custody. Inman got up and let them in, when they asked him if he had not got a packet answering a description which they read to him. He replied in the affirmative, and gave it them. They opened it in his presence, and found therein Bandana silk to the valve of 91. Inman protested his complete ignorance of the contents of the parcel. On the Loan Mavon's observing that this was a very davk and shameful case, the Custom-House Officers said, that they hoped that his Lordship did not impute any blame to them ; they had only In!filled their duty in acting upan the information which they bad received. The full penalty was three times — the value of the property seized, and amounted to 271., but they prayed his Lordship to mitigate it to half that sum, which his Lord ship inuuediately did, and which a friend of Inman as immediately paid. A WIFE ROBBING HER HUSBAND GUlLDHALL.—Yesterday Catherine Sutherland, an Irishwoman, was brought before the sitting Alderman, JOSt4UA JONATHAN SMITH, in custody of an officer, charged with felony. The first witness called against her,•gave his name Valentine Sutherland ; and on being asked whether the prisoner was a relation of his, said, i` Yes, your Worship, she is my wife." Alderman SMITH.—" Your wife ! Why, she is charged with felony. A wife cannot commit a felony against her husband. Witness.—" I can't tell, your Lordship, how that is ; but this I know, she has robbed me, and of all I have got in the world too." - • The husband then, at the suggestion of the Magistrate, stated, that he was a seaman, and had lately come from abroad ; his wife was very glad to see him, and the more so when she learnt he had some money to receive. He went to the Ad miralty., and received upwards of 501. for wages and prize-money, tvhich be took home, and for greater security placed under the bed. When his wife made the bed, site said she would take care of the money ; she accordingly took it away, and went out. Ile had some suspicion of her, from certain tricks she had played him before, and therefore thought proper to go and look after her, and hearing that she was going off into the coun try, got an officer and had her taken into custody just as she had taken a place in the Plymouth coach. Catherine Sutherland, the wife, being asked what she had to urge in her defence, said her husband knew she had the money, she had it above two days, and she was only going into the country to see her friends. The MaOstrate then questioned her as to what she had done with the money, to which she replied, ‘iith much affected innocence and simplicity. and every appearance of regret and distress, " Please your honour, I've lost it all." The Alderman suggested to the husband, that if his wife was detained in custody for a few days, she would probably tell what had become of the money: - This suggestion was about to be adopt ed, when Hawkins, the officer, sagaciously hint ed the propriety of searching the prisoner, and she was taken into a private room for that pur pose. On the return of the parties into Courr, the features of the husband, which had exhibited no thing but melancholy during the time he was re lating the tale of his misfortunes, were lightened up with a smile when Hawkins announced that the whole of the property, amounting to 521., had been found upon her. The notes were accordingly restored to the husband, who returned thanks to the Magistrate for his kindness, and said he would be at the trouble to take his wife home to her father and mother in Ireland, and have nothing- further to do with her. The prisoner was then delivered into his care, after a suitable admonition from the worthy Alderman. SUICIDE.—An Inquisition was taken yesterday afternoon, at the Turf Tap, Pembroke Mews, Grosvenor-place, on view of the body of Joseph Nicholson, coachman to the Hon. George Vil whose death was caused by his cutting his throat when in a state of intoxication. It ap peared from the evidence of Mt. Kitchen, Sur geon to Sr. George's Hospital, that the wound in the deceased's throat was from ear to ear, and the windpipe completely severed;, by surgical means he was kept in existence for more titan a week ; he died from the loss of blood and want of sus tenance.—Verdict, " The deceased cut his throat in a fit of temporary derangement." ATTEMPTED SUICIDE.—O❑ Wednesday-morn ing a woman of the name of Margaret Molloy, residing in Mutton-alley, Great Saffron-hill, was found hanging by her garters to a joist in her room. Her daughter, coining to the door at the moment, gave the alarm, when she was cut down, and on being taken care of she soon revived. The reason she gave for this rash act was, that having had a quarrel with her husband, she did that to be revenged on him, because she knew he would he sorry. CHARGE OF MURDER. William Burton, charged with the murder of , s i t W. Syms, late of Wollaston, near Chepstow , It been committed to gaol. About three w rea k~ ago, the deceased, an industrious young M ill !' and who, through frugality, had realized a cons.r derable sum for a pet son in his station, went trot Wollaston to Bristol, to purchase a small vessel 8$ a trader. He was accompanied, as they wen t water, by the prisoner Burton, a young Ina° ° idle habits, who had been principally at l ea 's mid who was acqeaiuted with the o bject °` Syms. Nothing was heard of Syms abcl! a fortnight afterwards, when Burton returneu alone. At the (line of the departure of the latter, it was known that he had no money; ind eed ' he was obliged to borrow some to carry hint r Bristol ; but on his return he changed sever al °l ' notes of the Chepstow Bank, and paid mittsdeb ts ' Inquiries were made of hha respecting his comPa; nion, but the answers he gave were so vario us anni inconsistent, that suspicions were excited ag ainst him, and he was taken into custody. He coders went several examinations before the Right 14° C. Bathurst, in which it was proved, that h e 90 _ Ei t i Syms had been seen together at Bristol ; an d that ' on the night preceding the former's re-appea r l at Wollaston, they had slept together a t 111 %, when they stated their intention of returning t" Wollaston with their boat early next morning A woman who wanted a passage requested company them,which was refused by the prisone r .' though Syms was willing to take her. T he r e soner and Syms left Pill together ; and to 8° I ; count for the cash he has been sqeandering,Burt% said that it was lent to hint at Bristol, by a 11 1, 13- who had gone for the West Indies, but "'I it had been ascertained, sailed for that place sun) ( mouths ago, and was not possessed of money tds his purposes. When asked where he last saw W; he stated three different places. The body of cep unfortunate young man (Wm. Syms) had be picked np and clearly - identified. It was ilist c° s ; vered floating on the river Severn. An inq ue r , was summoned, which sat some hours 00 S ai° l , day, and was adjourned, to give time for the t e a tendance of other witnesses. The nose bats be „ f e entirely cut off, the head is shockingly disfig ur o . and the skull fractured in several places. N o P . petty was found about the body., it e„salsi BURGLARY AT LORD DE LA Znucfes.---- , - -- evening, about dusk, some villeins entered mansion of Lord Ds LA Zotects, N 0.21, in S tfl o s ford-place, Alarysle-bone, and during th e , porary absence of the servants out of the kltesials contrived to enter the plate-room, from 'l"d, they stole a large silver fluted tea-pot and 5f no li m with the family arms engraved on the, A A plain tea-pot, crest a Griffin, and on the B,l:bies motto, " Pro Deo et Ecclesia ;" also 10 ' sit spoons, with a Baron's coronet and a falend'ess dessert-spoons, 15 silver forks, fluted, twos ° o ss ladies, and four tea-spcions. The robber,' or not discovered till some time after, when th e w yam going to examine the plate missed the o r articles. The cirentustarice was instantli ;Of / 4 municated to Lady De la Zouch, (his " r 4 60 being out of town), who was very mach tep at the intelligence, , and immediately &seal, 45tt'' messenger to the Police Office, Great N s ',o o rough-street. The Sitting Magistrate sed t o to officers to examine the place, and endege ° f t he gain some thie towards the apprehensio n ° ho st robbers. They examined the front en` l a doors, the windows, &c. Wall of which seen': r sibe.- feeds? secure, and had no appearance of a j °,, entrance having been effected. From Ib l ", s ere cumstance it is suspected that the iobb erti t the aided by some person in the house, and tb B N a te . were admit ted and let out at the area ga te ? , withstanding the utmost exertions of (lie :1 , 1,1 no trace has hitherto been discovered 11 " ed lead to a discovery of the perpetrators, ad whole affair rests in mystery. Yesterday morning a woman, under Pr i of vending matches, went to the hous e ° seer, Tee, in Regent's-place, Lambeth ; shor tl y 11 0 her departure several articles of linen , "t'" been hanging in the fore -court, were tni ss , u ' op erif match woman was pursued find the pr found upon her. •. og BIRTHS. Olt On Sunday last, the 29th ult. Mrs. 'Manias r-11 of° Aylesbury, Bucks, of a daughter. In Conduit-street, the Lady of Henry lialhuno daughter. On Saturday, the 21st ult. in RRIED.. i ‘- 0 0 the Parish Church of to A AJI mond, Surrey, Mr. Emanuel Albo de Bernalest Frances Mary de Bernales, of Finsbury-place. , A idvat e i7 Yesterday. the 3d inst. C. 'l'. Edwards , Esq. t ,1 - 1 4r 1 ,1 Miss Key, ;laughter of Samuel Key, Esq. o f Cheshau., viej.4l Yesterday morning, at St. Sepulchre's, Sath" e o f JO Esq. of South Lambeth, to Betsey, eldest daughter Rowlatt, Esq. of Charterhouse-square. • DIED. tag O u tt . syl(N ivate, s l d , a h y o n l a s s t, B t a ll i e u y i s E t as oartmerlY ho.f)tnes:lo:7lso:gvi On Tuesday, the Ist instant, in Montagn-Plaee,:f giciPw square, in her 13th year, Sophia, eldest daughtes d Bland, Esq. WA . On the 24th tilt. in Lambeth, Mrs. Sarah Cool Nathaniel Cooke, late of the Ciisto n 0 , 0 145, PROVINCIAL BIRTHS, MARRIAGES, AN''' 13 I 12111 S• : ti C °l ` 'Pel At Greenock. on the 2CAti ult. t he Lady Q f 1 : : ::: cfs ' r cod Douglas r e Douglas, 79th Regiment, of a daughter. ,t,, f C e° On Wednesday ;e 7 nnight, at Howletts, the '-, o Gipps, Esq. of a son. . At Chester, On the 2Sth ult. the Lady of \‘ 73ll "' • 11 014 Esq. of a sou. of MA RBI ED. Monday morning, at Merewortl, Mr. .Joshu a , Chatham, to Miss Hardes, of the former plae• . 0 , Itao l l t : ')A"liiter of ) At Oalierstlyhe, Scotland, on the 2ot b tilt' oe ldt Esc' of NleiLle Drurngray, to ' Margaret, only daug James Thomson, of oakersdylie. , , ;,, ,1 Satt er ad At Christ Church, Cork, lately, Mr. Wi,", l - „ r wire/ aged eighty-two, to Mrs. Alicia CO !e, 0' '''... . 512 /.9 - five. 11 ....... ,--...........,..--- In E;Et. eV.lt t g rs. ; s l:: ll° On the 21st inst. at Newport, Isle 0 1 -7- '-• ith, ° ' Tiedgold, of Romsey, only daughter of Mr. SW CoOrt' tons. f O de" On the 14th ult. Peter Harnett, Esq. 0 - . s oot Kent. v re Felt', . 4 At Edinburgh, on the 16th ult. Miss f Alec' daughter of the late Reverend Adam Fergus° Mountie. =-- _- Gr eS ,29, 4, -------:;;;, f NU' by IV,' ii " LONDON: Printed by J. B. CARST'''''l, ° ll I d •if - - f r‘ Ormond-street, Qtieen-square; and r i-- : 'e at '; l tiel ' SCRIPPS, of No. 7, South Molt ()dice, No. 112, strand ; where Adveitis_7 Letters, Sie. (post-paid) must bead on-strFeelents, • ' 1 I c ,~ 6 , 2, ,„.. U "tt4, ~~Fic Ili . col it ' 1 ; 4;1 7 1 111 if pro t l *N